Printed from http://www.electronista.com

Pandora wins part of ASCAP court case, labels can't withdraw content

updated 11:28 pm EDT, Tue September 17, 2013

Table set for December 4 trial about 'fair licensing fees' for Pandora

Music streaming service Pandora has won one of its many court cases in Manhattan Federal Court today. The judgement will prevent some music publishers from restricting the terms of music rebroadcast licenses or withdrawing content from the service, and forces the American Society of Composers, Authors, and Publishers (ASCAP) to adhere to existing licensing terms with the "new media" company Pandora.

The case was filed by Pandora to prevent EMI Music Publishing, Sony Music, and Universal music from withdrawing "new media" licensing rights from ASCAP, which would force Pandora to negotiate with each service independently. Judge Denise Cote ruled that an existing antitrust decree requires ASCAP to license all its works to Pandora, even if individual publishers seek to withdraw that authority from ASCAP because of the nature of Pandora's business model being (somewhat) dissimilar to terrestrial radio and other extant music distribution channels.

"ASCAP argues that 'ASCAP repertory' refers only to the rights in music works that ASCAP has been granted by its members as of a particular moment in time," Judge Cote ruled. "Pandora argues that 'ASCAP repertory' is a defined term articulated in terms of 'works' or 'compositions,' as opposed to in terms of a gerrymandered parcel of 'rights.' Pandora is correct."

Neither ASCAP nor the music publishing companies had any comment on the ruling, which may serve to buttress an upcoming fair music licensing fee trial, also in front of Judge Cote, on Pandora's behalf. The trial to define "reasonable licensing fees" is scheduled for December 4.



By Electronista Staff
Post tools:

TAGS :

toggle

Comments

Login Here

Not a member of the MacNN forums? Register now for free.

toggle

Network Headlines

toggle

Most Popular

Sponsor

Recent Reviews

Samsung Galaxy S 5

The Samsung Galaxy S5 might be the phone that Android users have been craving for some time. Information coming out of Mobile World Co ...

STM Trust technology bag

The search for a good messenger bag that doubles as a laptop bag is something many travelers find themselves facing at least once. Bet ...

PenClic Bluetooth mouse

Windows 8 aside, computer users have been trained that a mouse is the proper way to navigate through the desktop for many years now. T ...

Sponsor

toggle

Most Commented

 
toggle

Popular News